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Mediation offers enticing advantages over adversarial systems for the resolution of commercial disputes. Mediation preserves party autonomy by vesting process development and final-decision authority in the hands of the disputing parties. Despite these benefits, businesses underutilize mediation in international settings in part because of unpredictable enforcement practices predicated on varied...

In recent years, hostility against judges who invoke foreign law in constitutional cases has escalated dramatically. Comparative approaches are presumed to present a significant threat to democratic accountability. In addition, judges have been faulted for failing to articulate objective criteria for selecting foreign authorities. The issue, however, is more nuanced than critics tend to...

The structure of constitutional rights in the United States and most other countries grants to legislatures a limited power to override rights when they conflict with certain public policy objectives. This limited override power contrasts with an absolute one, as enshrined in section 33 of the Canadian Charter of Rights and Freedoms, and is also both general and noninterpretive in nature, unlike...

The growth of payday lending markets during the last fifteen years has been the focus of substantial regulatory attention both in the United States and abroad, producing a dizzying array of initiatives by federal and state policymakers. Those initiatives have had conflicting purposes—some have sought to remove barriers to entry while others have sought to impose limits on the business. As is...

This Article argues that networks of private contracts serve a public regulatory function in the global environmental arena. These networks fill the regulatory gaps created when global trade increases the exploitation of global commons resources and shifts production to exporting countries with lax environmental standards. As critics of trade liberalization have noted, public responses often are...

Over the past several decades, two of the most significant developments in landlord-tenant law have been the establishment of the implied warranty of habitability and the advent of landlord tort liability for third-party criminal acts against tenants. For the most part, the implied warranty of habitability and landlord liability for third-party criminal acts were created by separate movements...

This Article's central argument is that the law needs to do a better job of recognizing, protecting, respecting, and promoting friendships. The law gives pride of place to other statuses—family and special professional relationships are obvious ones—but the status of the friend is rarely relevant to legal decisionmaking and public policymaking in a consistent way. After defining the concept of...

The issue of pharmacists refusing to dispense birth control or emergency contraception recently has become a major debate in the battle over reproductive rights. Several states have enacted legislation to protect refusing pharmacists, and many more are considering such laws. I explore these new laws against the backdrop of the existing legal landscape governing the actions of pharmacists...